The Senate has voted 51 to 44 to overturn California’s ability to set its own air pollution standards for cars. This decision comes after the Senate chose to overrule the guidance of the parliamentarian, a nonpartisan official who interprets Senate rules. This move is significant because it is rare for the Senate to go against the parliamentarian’s advice.
The vote took place on December 4, 2024, in Los Angeles, where smog filled the air. The Senate has not yet addressed two other related resolutions that would revoke California’s waivers for heavy-duty trucks, including one that mandates zero-emission trucks.
Congress is using the Congressional Review Act (CRA) to revoke these federal waivers, which allowed California to enforce stricter emissions standards. The House had already approved three resolutions to revoke these waivers earlier this year.
However, there are questions about the legality of using the CRA in this way. Both the Government Accountability Office and the Senate parliamentarian have stated that it may not be lawful. While their opinions are advisory and not binding, the Senate typically follows the parliamentarian’s guidance.
Senate Minority Leader Chuck Schumer expressed concern about the implications of this vote. He warned that the CRA could be used to undo various policies that future administrations might not support, including those related to healthcare and environmental regulations. He cautioned Republicans to consider the long-term consequences of their actions.
Republicans argue that the CRA is applicable in this situation. Senate Majority Leader John Thune suggested that Democrats oppose the vote because they are worried about losing a key aspect of their environmental policy agenda.
California Attorney General Rob Bonta announced plans to challenge the Senate’s decision in court, emphasizing the state’s right to address its air pollution issues. Governor Gavin Newsom framed the vote as a threat to the U.S. economy, arguing that it could lead to a loss of dominance in the electric vehicle market to countries like China.
California has a unique ability to set stricter vehicle emissions rules due to its long history of regulating air quality. This power requires a waiver from the U.S. Environmental Protection Agency, and other states can choose to adopt California’s standards.
Over the years, California has pushed for more aggressive regulations to promote zero-emission vehicles. Critics of the state’s goals argue they are unrealistic, while supporters believe they are essential for public health and environmental protection.
The Trump administration previously attempted to revoke California’s emissions standards, leading to legal battles that were ultimately resolved when the Biden administration reinstated the waivers. California’s current mandates require a significant increase in electric vehicle sales, aiming for 35% of new sales by 2026 and 100% by 2035.
This latest Senate vote is expected to trigger another round of legal challenges, as California and environmental advocates prepare to defend the state’s right to set its own emissions standards.